Termination of Employment

[Maggieboo]

Hello, just reaching out for some advice please.

My employment was terminated on the 3rd Sept, the letter said I could appeal within 5 days but the team was informed on the 4th Sept that I had left the business.
I had a victimisation grievance in against the person who terminated my employment and I had answered the questions the hearing manager had about the grievance but did not receive an outcome.
I had been off sick with work related stress (I have a disability of ten years that i told the company about and that was when I began to get bullied) from Feb 24 and had been told on a few occasions not to return to work while HR worked on putting things in place after i informally told HR and director about B&H. They did nothing to investigate and I was bullied again by manager in May during a mediation meeting (no policy).
After I submitted a formal grievance in June, the HR director said I could only return to work if I worked with the manager I felt was B&H me during the formal grievance investigation.
I raised another grievance. All grievances and appeals not upheld. One outcome letter said the company was working on a safe return for me when I had questioned why I had not been allowed to return to work.

My ET1 form has several headings but I wasn't sure where to put the termination. I have worked for the company for 20 months.

[ULA]

Just to clarify you say you have a disability and sorry it this is sensitive but is it covered under the definition in the Equality Act (EqA)? This is set out as "a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities."

I presume you have been through Early Conciliation which has not progressed and that you have the ACAS certificate number for this.

In terms of completing your ET1 in case you have not found it on the .gov website I have linked you to a guide to completing the form below:

https://www.gov.uk/government/public...per-claim-form

It will be section 8 where you need to cover the issues surrounding your termination. Please remember that this form is the place were you need to state what all your claims are and provide as much detail in support of those claims. This should be set out in chronological order with dates, what the incident of detriment was i.e. disability discrimination, harassment etc, who by and whether there were any witnesses.

Please just come back to this thread if you need any more assistance and please ensure you meet the strict deadline for submitting the ET1.

[Maggieboo]

Thank you for responding. Yes I have suffered with anxiety and depression with weekly counselling and medication for 10 years.

Yes i went through ACAS early conciliation and have a certificate too.

I am currently working through all the legal tests for my ET1 form but am worried that I may not fully understand this process because some of the events I experienced fall under a few categories.

[ULA]

Thank you for confirming all my questions.

In terms of your detriments falling under a few categories then on the 8.2 section I suggest that you set up main headings for each detriment and then underneath in chronological order set out each event related to that detriment as set out in my earlier post and reference the relevant legislation.

[Maggieboo]

The question on the online form says "did you have or work a notice period?" I put no because I was terminated with immediate effect so didn't work my notice period. However, the company will pay my notice period at the end of the month.

Please can someone let me know if I should have put Yes in this box?

*thank you Ula

[Maggieboo]

Sorry, I forgot to put that this question was on the ET1 online form.

I had another question on PILON, my company paid me incorrectly because the amount pushed me into a higher tax bracket. I was just wondering if there was anything in employment law on PILON payments.

[ULA]

Section 6.3 asks "If your employment has ended did you work (or were you a paid) for a period of notice. Since you are being paid notice you should have answered Yes.

Sorry you will need to be more specific about the issue with your pay in lieu of otice being incorrect.

[Maggieboo]

Okay thank you. I'll apply to amend that section with the notice even though the question on the online part didn't say anything about payment. Attached below for reference.

My employer paid me 3 months and holiday pay at a higher tax rate (over 40%) as opposed to my normal tax rate.

[ULA]

Is your salary near the top of the 20% tax bracket?

Did you query this with your employer at the time for an explanation?

It may also be worth a call to HMRC if you have not already contacted them, as they may be able to advise if the tax deducted was correct.